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Gyronimo, LLC

6424 E Greenway Pkwy, Ste 100

Scottsdale, AZ 85254

United States

 

Gyronimo, LLC - German office

Tannenstraße 24

40476 Düsseldorf 

Germany

Email is the preferred method of contact.      

© 2019 by Gyronimo, LLC

Gyronimo, Performance Pad and Flight Pad are Registered Trademarks ®

TERMS OF USE

 

GYRONIMO FLIGHT PAD ®

These terms and conditions ("Terms", "Agreement") are an agreement between Gyronimo, LLC ("Gyronimo, LLC", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Gyronimo Flight Pad mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

1. Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required to unlock access to more services and features. We reserve the right to change products and product pricing at any time.

2. In-App-Purchase

The Gyronimo Flight Pad app includes In-App-Purchases that allow you to buy aircraft categories and increase the number of aircraft within your fleet. You can cancel your In-App-Purchases with the App Provider.

 

In-App-Purchases are purchased from and billed through the Apple App Store, not Gyronimo, LLC. All billing and refund inquiries must be directed to Apple. Gyronimo, LLC does not have access to Apple accounts or transactions.

 

The In-App-Purchase is a subscription for one year and does not entitle you to perpetual use of the content.

 

If you make any In-App Purchases in the Gyronimo Flight Pad, then the Apple App Store terms and conditions/EULA applicable to In-App Purchases will also apply.

1-Year Subscription:

Payment will be charged to your Apple ID account at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

 

3. Aircraft Categories

All available aircraft are divided into different price categories.

The purchase of category 1 entitles you to select an aircraft from this category for the duration of the subscription period.

The purchase of category 2 entitles you to choose from categories 1 and 2.         

The purchase of category 3 entitles you to choose from categories 1, 2 and 3.

The purchase of category 4 entitles you to choose from categories 1, 2, 3 and 4.

The purchase of category 5 entitles you to choose from categories 1, 2, 3, 4 and 5.

There is also the option of increasing the number of aircraft variants within the categories by In-App Purchase.

4. Accuracy of information

Occasionally there may be information in the Mobile Application that contains errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.

5. Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Gyronimo, LLC with respect to such other services. Gyronimo, LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective mobile applications. By enabling any other services, you are expressly permitting Gyronimo, LLC to disclose your data as necessary to facilitate the use or enablement of such other service.

6. User Content

We are not responsible for user content saved in the Mobile Application such as call signs, BEW, moments, crew and pax names. In no event shall we be held liable for any loss of any user content.

7. Errors and Liabilities

Gyronimo, LLC will pursue due care to ensure applications create by Gyronimo, LLC are free of errors. Gyronimo, LLC does not accept responsibility for losses or damage arising from errors within any application.

The Gyronimo Flight Pad has been developed and optimized for the current operating systems and run only on iOS devices iPad Air, iPad Pro and iPad Mini Retina or newer. Gyronimo, LLC does not accept responsibility for errors, damages, losses or additional costs that relate to operating system or hardware updates by Apple.

8. Updates and regular integrity checks

Gyronimo, LLC uses the aircraft and performance data from the flight manuals we have at our disposal and give no guarantee as to the actuality of the data. Gyronimo, LLC does not automatically update aircraft data to newer revisions.

 

Gyronimo, LLC does not offer an automatic app update or integrity check service. FAA and EASA regulations request that the operator should verify the integrity of mass and balance data and documentation generated by a computerized mass and balance system, at intervals not exceeding 6 months. It is therefore the obligation of the customer to check their the Gyronimo app at regular intervals on actuality.

9. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

10. Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Gyronimo, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Gyronimo, LLC. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Gyronimo, LLC. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Gyronimo, LLC or third-party trademarks.

Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Gyronimo, LLC for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.

11. Disclaimer of warranty

You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

12. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Gyronimo, LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Gyronimo, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Gyronimo, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Gyronimo, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

13. Accounts and membership (Fleet Control)

If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services.

 

14. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

15. Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

16. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you have any questions about this Agreement, please contact us.

Email: info@gyronimo.com

This document was last updated on July 24, 2019